Kolkata Court August 2016 Judgments
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Sharma Ayurved Private Limited Vs. Chintamani Karmakar and Ors.
Court: Kolkata
Decided on: Aug-05-2016
IN THE HIGH COURT AT CALCUTTA CIVIL APPELLATE JURISDICTION (ORIGINAL SIDE) APO No.296 of 2003 SHARMA AYURVED PRIVATE LIMITED VS CHINTAMANI KARMAKAR & ORS.BEFORE: The Honble Justice INDIRA BANERJEE And The Honble Justice SAHIDULLAH MUNSHI For the Petitioners : Mr.Sudipto Sarkar, Senior Advocate. Mr.Surajit Nath Mitra, Senior Advocate. Ms.Mousumi Bhattacharya, Advocate. Mr.Arup Bhattacharya, Advocate. Mr.S.Sanka, Advocate. Mr.A.L.Chatterjee, Advocate. Mr.S.Das, Advocate. For the Respondents : Mr.Gautam Chakraborty, Senior Advocate. Judgment on : 05.08.2016 INDIRA BANERJEE, J.: This appeal is against an order of the learned single judge, passed on 27th of September 2002, dismissing the application of the appellant under section 46 of the Trade and Merchandise Marks Act 1956, for rectification of the register of trade marks, by removal of the trade mark Banphool. By the order under appeal, the learned single judge held that the appellant had not been able to lead prima facie evidence in su...
Shree Bajrang Land and Trading Co. Vs. Biren Commercial Pvt. Ltd. and ...
Court: Kolkata
Decided on: Aug-04-2016
OD-93 GA No.1484 of 2015 CS No.117 of 2009 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SHREE BAJRANG LAND & TRADING Co.-VersusBIREN COMMERCIAL PVT.LTD.& ORS.Appearance: Mr.Surojit Nath Mitra, Sr.Adv.Mr.Kaushik Chowdhury, Adv.Mr.Soumabho Ghose, Adv.Mr.Pratik Mukhopadhyay, Adv...for the defendant no.2/ petitioner. Mr.Abhrajit Mitra, Sr.Adv.Mr.Jishnu Chowdhury, Adv.Mr.A.Agarwalla, Adv.Mr.Aniruddha Agarwalla, Adv.Mr.Aritra Basu, Adv...for the plaintiff/ respondent. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : August 4, 2016. The Court : The second defendant seeks an order in the nature of attachment before judgment on the basis of its counter-claim. The plaintiff and the second defendant entered into a memorandum of understanding on March 3, 2008 by which the plaintiff agreed to grant a sublease in respect of a four-bigha Beliaghata property in favour of the second defendant or its nominee at an agreed consideration together with a premium. The pl...
Dharamraj Prasad and Anr Vs. Sanjoy Kumar Sett
Court: Kolkata
Decided on: Aug-04-2016
ORDER SHEET GA No.2031 of 2016 APDT No.13 of2016 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE DHARAMRAJ PRASAD & ANR Versus SANJOY KUMAR SETT BEFORE: The Hon'ble JUSTICE INDIRA BANERJEE The Hon'ble JUSTICE SAHIDULLAH MUNSHI Date : 4th August, 2016. Appearance: Mr.Chayan Gupta, Adv.Mr.Abhijit Chowdhury, Adv.Ms.Jonaki Saha,Adv.Ms.Sutapa Sanyal,Adv.Ms.Payal Bhattacharyya, Adv.The Court : This appeal filed by the defendant- appellants is against a judgement and order and the decree dated 13th June,2016 whereby the learned Single Bench allowed the application being GA No.739 of 2016 taken out by the plaintiffrespondent under Order 12 Rule 6 of the Code of Civil Procedure for final judgement upon admission in the Suit being CS No.346 of 2014 filed by the plaintiff-respondent, inter alia, for eviction of the defendant-appellants. According to defendant-appellants, the plaintiff- respondent filed the suit for eviction of the defendant-appellants without producing an...
Rupa and Co. and Anr. Vs. The Regional Provident Fund Commissioner Wes ...
Court: Kolkata
Decided on: Aug-04-2016
IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Original Side W.P.No.609 of 1999 Rupa & Co.& Anr. versus The Regional Provident Fund Commissioner West Bengal & ORS.W.P.No.2276 of 1999 Binod Hosiery & Anr. versus The Regional Provident Fund Commissioner West Bengal & ORS.For the petitioners:- For the Respondent P.F.Authority :- Judgement On: - Mr.Shyamal Sarkar, Sr.Adv.Mr.Rajesh Kr. Gupta, Adv.Mr.Meghajit Mukherjee, Adv.Mr.Anil Kr. Gupta, Adv.4th August, 2016 I.P.MUKERJI, J. The law is this. Under Section 2 (f) (i) of the Employees Provident Fund and Miscellaneous Provisions Act, 1952,(the Act) read with Sections 1(3) (a) and (b).2 (e) and 6 thereof, an employer, who gets his work done through contract labour, is liable to pay the provident fund dues of the employees of his contractor. There is no dispute that the writ petitioners (the writ petitioner) got their work done by entering into contracts with various contractORS.which in the particular trade in which the writ p...
Jai Balaji Industries Ltd. Vs. Wellman Logistics Pvt. Ltd.
Court: Kolkata
Decided on: Aug-04-2016
ORDER SHEET R.V.W.O.No.28 of 2015 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE JAI BALAJ.INDUSTRIES LTD.Versus WELLMAN LOGISTICS PVT.LTD.BEFORE: The Hon'ble JUSTICE INDIRA BANERJEE -AndThe Hon'ble JUSTICE SAHIDULLAH MUNSHI Date : 4th August, 2016. For Appellant : Mr.Abhrajit Mitra, Sr.Adv.with Ms.Rajshree Kajaria, Mr.Jishnu Chowdhury, Mr.Pramit Bag & Mr.Uttam Sharma, Adversus For Respondent : Mr.Shaunak Mitra with Ms.Sristi Barman Roy, Mr.Siddhartha Sharma & Ms.Namrata Basu, Adversus The respondent, Wellman Logistics PVT.Ltd., filed a petition for winding up of the appellant company, Jai Balaji Industries Ltd., being C.P.No.1031 of 2014. By a judgement and order dated 26th March, 2015, the winding up petition was admitted by the learned Company Court for a principal sum of Rs.5,15,31,045/- with interest thereon at the rate of 6% per annum. The learned Company Court directed If the company pays off the entire amount, together with interest, within a period o...
Commissioner of Income Tax, Kolkataiii Vs. Veerprabhu Marketing Limite ...
Court: Kolkata
Decided on: Aug-04-2016
ORDER SHEET ITA6612008 IN THE HIGH COURT AT CALCUTTA Special Jurisdiction(income tax) ORIGINAL SIDE COMMISSIONER OF INCOME TAX, KOLKATA-III Versus VEERPRABHU MARKETING LIMITED BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA The Hon'ble JUSTICE ARINDAM SINHA Date : 4th August, 2016. Mr.Nizamuddin, Adv.appears with Ms.J.Roy Mukherjee, Adv.for appellant. Mr.N.Jain, Adv.appears with Mr.A.Majumder, Adv.for respondent. The Court : The subject matter of challenge is a judgment and order dated December 28, 2007 by which the learned Income Tax Appellate Tribunal, E Bench, Kolkata, in ITA No.2172 and 2174/Kol/2006, pertaining to the assessment years 1998-99 and 1999-2000, and I.T.(SS) A. Nos.61-63/Kol/2007, pertaining to the assessment years 2001-02, 2002-03 and 2003-04, allowed the appeals preferred by the assessee. The aggrieved revenue has come up in appeal. The following questions of law were formulated on September 10, 2008: 1. Whether on the facts and in the circumstances of the case, the...
…appellants Vs. Smt. Arati Ghosh and Ors
Court: Kolkata
Decided on: Aug-03-2016
IN THE HIGH COURT AT CALCUTTA CIVIL APPELLATE JURISDICTION ORIGINAL SIDE PRESENT: The Honble Justice Nishita Mhatre And The Honble Justice Rakesh Tiwari GA2610of 2013 APOT418of 2013 WP904of 2007 Board of Trustees for the Port of Calcutta, Kolkata Port Trust and Ors Appellants Vs. Smt. Arati Ghosh and Ors Respondents For the Appellants : Mr. Arunava Ghosh Mr. S. Bhattacharjee Mr. A. Rao For the Respondents : Mr. Tanmoy Mukherjee Heard on :13. 06.2016 Judgment on :03. 08.2016 Nishita Mhatre, J.:1. The Board of Trustees of the Kolkata Port Trust have preferred the present appeal against the judgment and order of the learned Single Judge dated 9th February, 2012 passed in WP No.904 of 2007. 1A. The original respondent Baidya Nath Ghosh expired on 3rd December, 2012 before the appeal was filed. His heirs have been brought on record by an order dated 18.03.2014. The reference to the respondent in this judgment and order will be to the original respondent Baidya Nath Ghosh.2. The respondent w...
C.I.T., Kolkatai Vs. M/S. Tata Metaliks Ltd, Kolkata
Court: Kolkata
Decided on: Aug-03-2016
ORDER SHEET ITA NO.107 OF2011WITH ITA NO.103 OF2011IN THE HIGH COURT AT CALCUTTA SPECIAL JURISDICTION(INCOME-TAX) ORIGINAL SIDE C.I.T., KOLKATA-I Versus M/S.TATA METALIKS LTD.KOLKATA BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA The Hon'ble JUSTICE ARINDAM SINHA Date : 3rd August, 2016. MR.S.B.SARAF, ADVOCATE FOR APPELLANT IN ITA NO.103 OF2011MRS.SOMA MISHRA CHATTERJEE ADVOCATE FOR APPELLANT IN ITA NO.107 OF2011MR.J.P.KHAITAN, SR.ADVOCATE, MR.SANJOY BHOWMIK, MR.SIDDHARTH DAS, MR.C.S.DAS, MR.HARSHIT KHANDAR, ADVOCATES FOR RESPONDENT The Court : Both the appeals are directed against a common judgment and order dated 23rd October, 2009 passed by the Income Tax appellate Tribunal, B Bench Kolkata by which ITA Nos.785 and 752/Kol/2008 pertaining to the assessment years 2003-04 and 2004- 05 together with cross objections nos.61 and 62/Kol/2008 preferred by the assessee were disposed of by dismissing the appeals preferred by the revenue. Consequently, the cross objections were also dispose...
M/S. Elite Pharmaceuticals and Anr. Vs. Income Tax officer, Ward 46(1) ...
Court: Kolkata
Decided on: Aug-03-2016
ORDER SHEET GA NO.709 OF2016WITH APO NO.97 OF2016WP NO.1172 OF2015IN THE HIGH COURT AT CALCUTTA SPECIAL JURISDICTION (INCOME-TAX) ORIGINAL SIDE M/S.ELITE PHARMACEUTICALS & ANR. Versus INCOME TAX OFFICER, WARD461).KOLKATA BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA AND The Hon'ble JUSTICE ARINDAM SINHA Date : 3rd August, 2016. MR.R.N.DUTT, MRS.SUTAPA ROYCHOWDHURY, ADVOCATES FOR APPELLANT MR.SOUMITRA MUKHERJEE, ADVOCATE FOR RESPONDENT The Court :-The facts and circumstances of the case are as follows :The appellants had earlier filed a writ petition challenging the survey conducted under Section 133A of the Income-tax Act on 6th February, 2015. Notices issued under Section 131 of the Income-tax Act also on 6th February, 2015; an order under Section 133A (3)(i)(a) dated 24th February, 2015 and a notice dated 27th March, 2015 issued under Section 148 of the Income-tax Act pertaining to the assessment years 2012-13, 2013-14 and 2014-15 were also challenged on the ground that the respon...
Amrit Jal Ventures Private Limited Vs. Srei Infrastructure Finance Lim ...
Court: Kolkata
Decided on: Aug-02-2016
IN THE HIGH COURT AT CALCUTTA ORIDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE BEFORE:THE HONBLE JUSTICE SOUMEN SEN A.P.No.6 of 2016 AMRIT JAL VENTURES PRIVATE LIMITED versus SREI INFRASTRUCTURE FINANCE LIMITED For the petitioner : Mr.Abhrajit Mitra, Sr.Adv.Mr.Jishnu Chowdhury, Adv.Mr.Abhijit Sarkar, Adv.Mr.Aritra Basu, Adv.Ms.A.Chatterjee, Adv.Mr.Ratul Das, Adv.Mr.Abhik Chitta Kundu, Adv.For the respondent : Mr.Ratnanko Banerjee, Sr.Adv.Mr.Swatarup Banerjee, Adv.Mr.Shaunak Mitra, Adv.Ms.Dwidhita Bhaduri, Adv.Heard On : 12.07.2016, 26.07.2016, 27.07.2016. Judgment On : 2nd August, 2016. Soumen Sen, J.:- The initiation of an arbitration proceeding on the basis of an arbitration clause in an agreement by appointment of an arbitrator at the instance of a borrower when a proceeding under Section 19 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (hereinafter referred to as the RDB Act) is pending before the Debt Recover Tribunal, is the central issue in this a...
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